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2025 DAILYLAW 51296 (KAR)

SYED NAVEED ALTAF v. STATE OF KARNATAKA

CRL.P/11614/2025 · 2025-09-09

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35447 CRL.P No. 11614 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11614 OF 2025 BETWEEN: SYED NAVEED ALTAF AGED ABOUT 54 YEARS, S/O SRI. M. ALTAF HUSSAIN, R/AT: NO.139/4/5, GOOLIMANGALA VILLAGE, FRUIT MARKET, ELECTRONIC CITY, PHASE-II, BENGALURU-560 100. &PETITIONER (BY SRI. PATTABI RAMAN C., ADVOCATE) AND: STATE OF KARNATAKA REP BY: ASHOK NAGAR POLICE STATION, HCK BUILDING, BANGALORE. &RESPONDENT (BY SRI. HARISH GANAPATHI, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.373/2024 REGISTERED BY ASHOKNAGAR POLICE STATION, BENGALURU PENDING ON THE FILE OF 29TH ADDL. CHIEF JUDICIAL MAGISTRATE AT MAYOHALL, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 OF IPC BY ALLOWING THIS PETITION FILED BY THE PETITIONER UNDER SECTION 482 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, AS PRAYED FOR. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35447 CRL.P No. 11614 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER FIR in Crime No.373/2024 of Ashoknagar Police Station, Bengaluru, is registered against eight accused, for an offence punishable under Section 420 of IPC. Petitioner is arraigned as accused No.7. 2. In brief, the first informant by name Mohammed Ameen has alleged in the complaint that in the month of August, 2021, petitioner introduced him to accused No.2, who induced him saying that one Mr. Kamlesh Jain (accused No.1) has executed an agreement of sale in respect of a land measuring 9 acres situated in Chikkajala, with the owner, for a sum of Rs.13 Crores and if he purchased the said land and sell it to World White Resort Company (accused No.8) he would earn double the amount invested by him. - 3 - HC-KAR NC: 2025:KHC:35447 CRL.P No. 11614 of 2025 3. It is alleged in the complaint that complainant has paid a sum of Rs.1,46,16,500/- to accused No.2, who in turn gave the amount to accused No.1 - Kamlesh Jain, in the month of August, 2021 by installments. Further, he transferred Rs.3.5 crores in installments to accused No.1, but when he contacted the accused, they avoided him and without completing the transaction and not returning the money, cheated him etc. 4. Learned counsel for the petitioner submits that the petitioner is innocent. He has not received any money from the complainant. He has no criminal antecedents. 5. Learned High Court Government Pleader contended that petitioner is an agent who promised the complainant that if he purchased the land and sell it to accused No.8/World White Resort Company, he would earn huge profit and thereby cheated him. He contended that the petitioner is required for custodial interrogation and if he is released on anticipatory bail, he may not co-operate with the investigation of the case. - 4 - HC-KAR NC: 2025:KHC:35447 CRL.P No. 11614 of 2025 6. A perusal of the complaint averments goes to show that the complainant and petitioner were known to each other and through the petitioner, complainant came across accused No.2, who allegedly induced him to invest money in the property. There are no specific allegations against this petitioner, arraigned as accused No.7. It is alleged that the amount given to one Shivamurthy i.e., accused No.2 was later given to accused No.1 and the complainant got acquainted with the said accused and transferred a sum of Rs.3.50 crores to him, in installments. Admittedly, as per complaint, the entire amount was received by accused No.1. In the said facts and circumstances, the relief sought by the petitioner can be granted by imposing necessary conditions. Accordingly the following: ORDER i. Petition is allowed. ii. Petitioner/accused No.7 in Crime No.373/2024 registered by Ashoknagar Police Station, Bengaluru City, - 5 - HC-KAR NC: 2025:KHC:35447 CRL.P No. 11614 of 2025 shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees two lakhs only) with a surety for the likesum. b) He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL/List No.: 1 Sl No.: 76